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Conveyancing Panel
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How easy is it to change a solicitor as I need to find one who is on the Newbury Mortgage Services conveyancing panel. Is it practical to instruct different lawyers?
If you haven't yet instructed a solicitor to do anything for you and have just received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer you're considering.
My wife and I are refinancing our flat with Newbury Mortgage Services. We have a son 18 who lives with us. The solicitor on the Newbury Mortgage Services conveyancing panel requested us to identify anyone over the age of 17 other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the property is repossessed. I have two questions (1) Is this form unique to the Newbury Mortgage Services conveyancing panel as he never had to sign this form when we bought 3 years ago (2) Does our son by signing this giving up his rights to inherit the property?
First, rest assured that your Newbury Mortgage Services conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Newbury Mortgage Services .This is solely used to protect the Newbury Mortgage Services if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave.
It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Newbury Mortgage Services had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
I need to find a Newbury Mortgage Services panel solicitor in Inverness. Can you assist?
Unfortunately it’s not apparent why you need a Newbury Mortgage Services panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to Newbury Mortgage Services to find out which solicitors in Newbury Mortgage Services are on their panel. If you do find such a firm not listed please direct them to our site to list. After all the cost is only one £1 a month
My aunt passed away 10 months ago and as sole heir and executor was left the house. The house had a small mortgage remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to Newbury Mortgage Services , pay off the mortgage etc. Is this possible?
If you intend to re-mortgage then Newbury Mortgage Services will insist on your using a conveyancer on the Newbury Mortgage Services conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Newbury Mortgage Services conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Newbury Mortgage Services mortgage is registered as a charge at the Land Registry.
Are all Conveyancing Quality Solicitors on the Newbury Mortgage Services conveyancing panel?
Some major banks and building societies now use CQS as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to join their approved list of conveyancing solicitors.
Do conveyancing lawyers on the Newbury Mortgage Services conveyancing panel work on a no sale no fee basis?
There is generally no requirements by lenders for their firms to operate on a no-sale-no-fee basis. There a small number of lenders who operate a very restricted conveyancing panel managed by a third party company (often termed in the industry as a ‘gatekeeper’). That third party may impose certain conditions such as non-sale-no fee on the panel firms. If you require this as a condition of your conveyancing then you should check with the conveyancing firm that this is part of their package
Can I register a complaint to Newbury Mortgage Services about the lawyers being on the Newbury Mortgage Services conveyancing panel?
There is little point in complaining directly to Newbury Mortgage Services. Every solicitor firm and conveyancer must have a complaints procedure. Usually one can find this information from the solicitor’s or conveyancer’s website or ask at their office. They must tell you about it if you ask.
The Legal Ombudsman will make sure that your complaint is properly dealt with by the solicitor. It can also advise you how to complain.
If a licensed conveyancer does not have a complaints procedure or will not tell you about it, contact the Council for Licensed Conveyancers (CLC), which will make sure that your complaint is properly dealt with by the conveyancer. Please see below for more information.